Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant; and
(b) a lawyer for the subject is present during the questioning.
Breaks in questioning
(2) The prescribed authority must provide a reasonable opportunity for the lawyer to advise the subject during breaks in the questioning.
Note: The prescribed authority may set breaks between periods of questioning by giving directions under paragraph 34DE(1)(e) for the subject's further appearance before the prescribed authority for questioning. Paragraphs 34DL(b) to (d) also contain examples of procedural breaks in questioning.
(3) The lawyer must not intervene in the questioning of the subject or address the prescribed authority before whom the subject is being questioned, except:
(a) to request clarification of an ambiguous question; or
(b) to request a break in the questioning of the subject in order to provide advice to the subject.
(4) During a break in the questioning of the subject, the lawyer may request the prescribed authority for an opportunity to address the prescribed authority on a matter.
Note: The prescribed authority may set breaks between periods of questioning by giving directions under paragraph 34DE(1)(e) for the subject's further appearance before the prescribed authority for questioning. Paragraphs 34DL(b) to (d) also contain examples of procedural breaks in questioning.
(5) The prescribed authority must approve or refuse a request under subsection (3) or (4).
Removal of lawyer for disrupting questioning
(6) If the prescribed authority considers the lawyer's conduct is unduly disrupting the questioning of the subject, the prescribed authority may direct a person exercising authority under the warrant to remove the lawyer from the place where the questioning is occurring.
(7) If the prescribed authority directs the removal of the lawyer:
(a) the prescribed authority must also direct that the subject may contact another lawyer; and
(b) if the subject chooses to contact another lawyer, the prescribed authority must give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable a lawyer for the subject to be present; and
(c) if:
(i) the time mentioned in paragraph (b) has passed and a lawyer for the subject is not present; or
(ii) the subject chooses not to contact another lawyer;
the prescribed authority must:
(iii) if the warrant is an adult questioning warrant--give a direction that the subject may be questioned in the absence of a lawyer for the subject; and
(iv) if the warrant is minor questioning warrant--give a direction under paragraph 34FC(2)(a) or (3)(b) (as the case requires).
If lawyer is also a minor's representative for the subject
(8) If section 34FG also applies to the lawyer in another capacity in relation to the subject, this section does not apply to conduct of the lawyer in that other capacity.